CROSSROADS EXHIBIT 2301
`Oracle Corp., et al v. Crossroads Systems, Inc.
` IPR2014-01207 and IPR2014-1209
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`1 of 46
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`Oracle Corp., et al v. Crossroads Systems, Inc.
` IPR2014-01207 and IPR2014-1209
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`I N D E X
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`Jury Voir Dire
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`Plaintiff's Opening Statements
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`Defendant's Opening Statements
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`Proceedings Adjourned
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`Witnesses:
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`Cross
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`LILY I. REZNIK
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`(AUSTIN)
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`3 Plaintiff's
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`E X H I B I T S
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`Offered Admitted
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`4 #1-2,4-6,8-9,12-20,22-30,32-33,
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`LILY I. REZNIK
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS (AUSTIN)
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`CRDS 64637
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`15:32:36
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`screen .
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`THE COURT:
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`If you're going to move the screen, I
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`suggest you move it.
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`15:31:59
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`15:32:02
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`that you will find each one of those true, all three of them.
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`I'd like to thank you in advance for your attention to this
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`15:32:05
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`3 case on behalf of Chaparral.
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`I know Tuesday after Labor Day
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`is not the favorite thing to come to the courthouse sitting on
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`a jury.
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`And on behalf of Chaparral, I'd like to thank you for
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`coming here today, and what I ask is that you listen to all
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`the evidence and when all the evidence is in, you make a fair
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`judgment. That's all we can ask. Thank you.
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`THE COURT: You may call your first witness.
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`MR. ALBRIGHT: Your Honor, we're going to move the
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`15:33:35
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`MR. ALBRIGHT: Your Honor, we would call Brian Smith
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`to the stand, please, sir.
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`THE COURT: Come forward, be sworn, please.
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`(Witness was sworn.)
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`THE COURT: Take your seat, please.
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`If you'll tell us
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`15:34:03
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`20 your full name, please, sir, and spell your last.
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`THE WITNESS: Brian Rutledge Smith, S-M-I-T-H.
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`BRIAN R. SMITH, called by the Plaintiff, duly sworn.
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`DIRECT EXAMINATION
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`24 BY MR. ALBRIGHT:
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`15:34:13
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`25 Q. Mr. Smith, would you introduce yourself to the ladies and
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`LILY I. REZNIK
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS (AUSTIN)
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`CRDS 64744
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`4 of 46
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`1 gentlemen of the jury, please, sir?
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`2 A. Good afternoon. My name is Brian Smith.
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`I am the
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`3 Chairman and CEO of Crossroads Systems.
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`4 Q. And would you briefly tell the jury what your educational
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`5 background is, starting with college?
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`6 A. Yes.
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`I have an undergraduate degree in electrical
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`7 engineering from the University of Cincinnati, and I have a
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`8 graduate degree in electrical engineering from Purdue
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`9 University.
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`10 Q. When you graduated from Purdue, what did you do
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`11 professionally, sir?
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`12 A.
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`I went to work for IBM.
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`13 Q. What time period would that be?
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`14 A. That was 1990.
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`15 Q. Okay. Moving ahead to 1992, 1993 time period, tell the
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`jury, if you would, please, sir, how it is that what is now
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`17 Crossroads began?
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`18 A. When I moved from New York to Austin to work for IBM and
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`19 after a while, we met a gentleman named Dale Quisenberry, who
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`20 we started to talk about -- I started to talk with about a
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`21 business opportunity, and we founded Crossroads together,
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`22 precursor to that in 1994.
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`23 Q. And what was the name of the precursor that you and Mr.
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`24 Quisenberry formed?
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`25 A. We called it Infinity Comm Stor.
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`LILY I. REZNIK
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS (AUSTIN)
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WESTERN DIVISION
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`CROSSROADS SYSTEMS,
`INC., A TEXAS
`(TEXAS) I
`CORPORATION
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`Docket No. A 00-CA-217 SS
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`vs.
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`Austin, Texas
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`CHAPARRAL NETWORK
`STORAGE, INC., A
`DELAWARE CORPORATION
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`September 5, 2001
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`TRANSCRIPT OF TRIAL ON THE MERITS
`BEFORE THE HONORABLE SAM SPARKS
`Volume 2 of 6
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`APPEARANCES:
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`For the Plaintiff:
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`17
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`For the Defendant:
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`Court Reporter:
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`Mr. Alan D. Albright
`Mr. John Allcock
`Mr. Matthew Bernstein
`Mr. John Giust
`Gray, Cary, Ware & Freidenrich
`401 B Street, Suite 1700
`San Diego, California 92101
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`Mr. David D. Bahler
`Mr. Michael C. Barrett
`Mr. Stephen D. Dellett
`Mr. Mark T. Garrett
`Fulbright & Jaworksi
`600 Congress Ave., Ste. 2400
`Austin, Texas 78701
`
`Lily Iva Reznik, RPR, CRR
`200 W. 8th Street
`Austin, Texas 78701
`(512)916-5564
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`25 Proceedings recorded by mechanical stenography, transcript
`produced by computer .
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`LILY I. REZNIK
`U.S. DISTRICT COURT
`WESTERN DISTRICT OF TEXAS (AUSTIN)
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`COPY
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`CRDS 64807
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`I N D E X
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`Direct
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`Cross
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`Redirect Recross
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`Witnesses:
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`4 Brian R. Smith
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`5 Ted Neman
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`18
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`6
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`John R. Middleton 20
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`7 Brian Bianchi
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`8 Geoffry B. Hoese
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`Jeffry Russell
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`10 Keith Arroyo
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`11 Robert Selinger
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`12 Michael Gluck
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`13 Jerry L. Walker
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`16 Proceedings Adjourned
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`LILY I. REZNIK
`U.S. DISTRICT COURT
`WESTERN DISTRICT OF TEXAS (AUSTIN)
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`E X H I B I T S
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`Offered Admitted
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`Plaintiff's
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`#7 Fax
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`#264 Verrazano Specification
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`#267 CP4XOO Product Specification 29
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`#268 Verrazano Hardware Document 29
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`LILY I. REZNIK
`U.S. DISTRICT COURT
`WESTERN DISTRICT OF TEXAS (AUSTIN)
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`THE COURT: Counsel, anything before we bring in the
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`jury?
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`MR. BAHLER: Nothing from defendant.
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`MR. ALBRIGHT: No, sir.
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`THE COURT: All right. Bring them in.
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`(Jury present.)
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`THE COURT: Members of the jury, as you left last
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`08:38:40
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`8 night until this morning, has anyone attempted to talk to you
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`9 about this case?
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`THE JURORS: No.
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`THE COURT: Have you talked to anybody about the case?
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`THE JURORS : No.
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`THE COURT: And have you learned anything at all about
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`08:40:07
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`the case outside the presence of each one another and this
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`THE JURORS: No.
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`THE COURT: All right. Show negative responses to all
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`08:40:13
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`18 questions by all jurors. Thank you. And I believe the
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`08:40:17
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`19 witness is yours, Mr. Albright.
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`MR. ALBRIGHT: Yes, sir. Thank you, sir.
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`THE COURT: Mr. Smith, you're still under oath, sir.
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`RE-DIRECT EXAMINATION
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`08:40:32
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`23 BY MR. ALBRIGHT:
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`08:40:33
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`24 Q. Mr. Smith, during the course of Mr. Bahler's
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`08:40:35
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`25 cros~-examination, you saw a number of products that were
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`LILY I. REZNIK
`U.S. DISTRICT COURT
`WESTERN DISTRICT OF TEXAS (AUSTIN)
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`_C:mi t-h
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`- RPrli rec__t_
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`5
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`1 generally from the 1996 time period or, at least, designed for
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`2 products. Do you recall him asking you questions about that?
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`3 A. Yes.
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`4 Q. Throughout the myriad of different companies' projected
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`5 products, did anything that we saw yesterday have any software
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`in it?
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`7 A. There were just hardware diagrams.
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`8 Q. Explain to the jury, if you would, please, sir, what you
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`9 mean by the fact they were hardware diagrams as opposed to
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`10 having software.
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`11 A. The different blocks that were shown on the diagrams
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`represented hardware chips that were used and connected
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`together.
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`14 Q.
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`In anything that Mr. Bahler showed the jury yesterday and
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`15 asked you about, would there have been anything in any of
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`those products or conceptions of products that would have
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`17 allowed access control to take place?
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`18 A.
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`I don't believe so.
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`19 Q. And why wouldn't any of them have been able to provide for
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`20 access control?
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`21 A. They didn't show the software would have been running.
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`22 Q. Okay. Not only that show software, did it even have the
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`23 capability of having software?
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`24 A. My understanding they did not.
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`25 Q.
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`qo you recall when it was that the two Jeffs, Jeff Russell
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`U.S. DISTRICT COURT
`WESTERN DISTRICT OF TEXAS (AUSTIN)
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`1
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`and Geoff Haese, invented the concept of access controls?
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`2 A. As I remember, it was the spring of '97.
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`3 Q.
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`If I could have Exhibit D-140, please. Mr. Smith,
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`4 yesterday, Mr. Bahler showed Exhibit D-140 to the jury and
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`5 asked you questions about it. These are your handwritten
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`6 notes, correct, sir?
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`7 A. Yes.
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`8 Q. And I got the impression as I was listening to his
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`9 questions that he was asking you about a product that you had
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`10 actually seen at Adaptec, is that correct, was back in this
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`time period when you were looking at stuff at Adaptec, was
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`there actually a product there?
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`13 A. As I recall, I only saw presentation.
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`14 Q. And would you tell the jury you only saw a presentation of
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`15 what was at Adaptec, what do you mean, sir?
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`16 A. A set of slides that we looked at yesterday to represent
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`17 what they hoped to have someday.
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`18 Q.
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`So there was nothing finished at Adaptec during this time
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`19 period?
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`20 A. That's correct, as I recall.
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`21 Q. And there certainly wasn't anything like the jury could
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`see there where there's actually a box or anything like that
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`that you were able to look at?
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`24 A. That's how I remember, yes.
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`25 Q.
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`~his is a slide presentation sort of what we're looking at
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`LILY I. REZNIK
`U.S. DISTRICT COURT
`WESTERN DISTRICT OF TEXAS (AUSTIN)
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`THE WITNESS: My name is John Rob Middleton,
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`2 M-I-D-D-L-E-T-0-N.
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`JOHN R. MIDDLETON, called by the Plaintiff, duly sworn.
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`DIRECT EXAMINATION
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`5 BY MR. ALBRIGHT:
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`6 Q. Mr. Middleton, would you introduce yourself to the jury,
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`7 please?
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`8 A. Yes, my name is John Middleton.
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`9 Q. And tell the jury why it is that you're here. When did
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`10 you go to work for Crossroads?
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`11 A.
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`I was -- I went to work for Crossroads in February of
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`12 1997, and was a vice-president of engineering for a good deal
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`13 of that time, between February of '97 and January of 2001.
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`14 Q. You had the good fortune to retire in 2001?
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`15 A. Yes.
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`16 Q. Okay. When you were at Crossroads and you were working as
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`17 an engineer, we've heard the discussion in this courtroom
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`18 about the fact that there was hardware and that there's
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`software. Are you a hardware guy or a software guy?
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`20 A. My background is a hardware engineer.
`
`21 Q. And would you tell the jury what that means, please, sir?
`
`22 A. Hardware engineers design the circuit boards and
`
`23 electronics that comprise computer products and software, on
`
`24
`
`the other hand, is the code that runs on the hardware.
`
`25 Q. ~nd so, with respect to the issue that is primary in this
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`LILY I. REZNIK
`U.S. DISTRICT COURT
`WESTERN DISTRICT OF TEXAS (AUSTIN)
`
`CRDS 64826
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`12 of 46
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`J
`I
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`29
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`1 years, I wanted to move around the courtroom, and I didn't
`
`2
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`like some little, old fat judge telling me I couldn't do it.
`
`3 But I don't have that rule.
`
`4
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`5
`
`All right.
`
`MR. ALBRIGHT: Thank you, sir.
`
`6 Q.
`
`(BY MR. ALBRIGHT) Mr. Middleton, if you would identify for
`
`7
`
`the record what exhibit -- Plaintiff's Exhibit 264 is, please,
`
`8 sir.
`
`9 A.
`
`264 is the Verrazano enclosure specification.
`
`10 Q. And would you identify Exhibit 267, please, sir?
`
`11 A.
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`267 is a CP 4XOO product specification.
`
`12
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`13
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`THE COURT: CP what?
`
`THE WITNESS: CP 4XOO product specification.
`
`14 Q.
`
`(BY MR. ALBRIGHT) Would you identify what Plaintiff's
`
`15 Exhibit 268 is, please, sir?
`
`16 A.
`
`268 is the Verrazano hardware architecture document.
`
`17 Q. And what was your involvement with these three documents?
`
`18 A.
`
`I wrote portions of these documents.
`
`19 Q. Do you know if they were basically documents that were
`
`20 created at or about the same time back in the time period as
`
`21
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`to what they're dated?
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`22 A. These are in the
`
`'97, first half of '97.
`
`23 Q. But they're true and correct copies of what you worked on?
`
`24 A. Yes.
`25 Q. + move for their admission, your Honor.
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`LILY I. REZNIK
`U.S. DISTRICT COURT
`WESTERN DISTRICT OF TEXAS (AUSTIN)
`
`CRDS 64835
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`13 of 46
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`I -I
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`: ..
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`30
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`MR. BAHLER: No objection.
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`THE COURT:
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`264, 67 and 268 are admitted.
`
`MR. ALBRIGHT:
`
`Judge, we pass the witness.
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`MR. BAHLER: Your Honor, if I could correct, there was
`
`an objection, but you've already ruled on that.
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`THE COURT:
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`I ruled on the relevance.
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`MR. BAHLER: For what it's worth.
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`THE COURT:
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`So the record will speak for itself.
`
`CROSS-EXAMINATION
`
`1
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`2
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`3
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`4
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`5
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`6
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`7
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`8
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`9
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`10 BY MR. BAHLER:
`
`11 Q. Mr. Middleton, I've handed you what's been marked into
`
`12 evidence as Defendant's Exhibit 123. I'll get it up on the
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`13 board. First page is up on the board. That's actually a
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`14 collection of exhibits, right, sir, or a collection of
`
`15 drawings?
`
`16 A. Yes, sir.
`
`17 Q. All right, sir. And those are drawings of various
`
`18 versions of the label that was applied to the 4100 and 4200
`
`19 products, right?
`
`20 A. These are labels that were applied to different versions
`
`21 of the 4100 and 4200 product.
`
`22 Q. Okay. Please turn to page 6 of that document. And this
`
`23
`
`is a label for the 4100, 4200 product, right, one of the
`
`24
`
`labels that were applied to those products, right?
`
`25 A. Xes, sir.
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`LILY I. REZNIK
`U.S. DISTRICT COURT
`WESTERN DISTRICT OF TEXAS (AUSTIN)
`
`CRDS 64836
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`14 of 46
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`I 10:11:29
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`10:11:15
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`10:12:06
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`10:12:32
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`10:12:35
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`-
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`54
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`1
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`2
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`3
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`4
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`5
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`6
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`7
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`8
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`9
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`the stand Geoff Roese.
`
`THE COURT:
`
`If you'll be sworn, please, sir.
`
`(Witness was sworn.)
`
`THE COURT: Come around this little column and have a
`
`seat, please, sir. And you need to tell us your full name and
`
`spell your last.
`
`THE WITNESS: Geoffry Brian Hoese, H-0-E-S-E.
`
`GEOFFRY B. HOESE, called by the Plaintiff, duly sworn.
`
`DIRECT EXAMINATION
`
`10 BY MR. ALLCOCK:
`
`11 Q. Where do you live, Mr. Haese?
`
`12 A.
`
`I live in Austin.
`
`13 Q. How long have you lived in Austin?
`
`14 A. About l3 years.
`
`15 Q. Have you ever worked for a company named Crossroads?
`
`16 A. Yes.
`
`17 Q. Over what time period did you work for the company named
`
`18 Crossroads?
`
`19 A.
`
`From the end of May 1996 through October of 2000.
`
`20 Q. Let me hand you a notebook that has Exhibits 1, 4, 5 and 7
`
`21
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`in it, and ask you to look at Exhibit 1. And, your Honor, I'm
`
`22 putting the front page of Exhibit 1 on the screen for the
`
`23
`
`record.
`
`24
`
`25
`
`THE COURT: Are these admitted already?
`
`MR. ALLCOCK: Yes, all except for 7. There, I
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`LILY I. REZNIK
`U.S. DISTRICT COURT
`WESTERN DISTRICT OF TEXAS (AUSTIN)
`
`CRDS 64860
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`15 of 46
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`I 10:29:03
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`10:28:28
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`10:29:17
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`- 10:29:21
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`~
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`66
`
`1
`
`storage device as a whole is addressed as a logical unit.
`
`2 It's not demonstrated here that that's broken out because of
`
`3
`
`4
`
`the intent of the drawing was to show that you could address
`
`it both by the logical units or by the whole thing.
`
`5 Q. You can have a seat. So what's the basic advantage of
`
`6
`
`this over what came before?
`
`7 A. Well, primarily, it's faster.
`
`It provides the-- a
`
`8 similar set of capabilities that the network server will
`
`9 provide without a lot of the overplay. So it's easier to
`
`10 manage, in some respects. It's just better performance.
`
`It's
`
`11
`
`faster, cheaper.
`
`12 Q. When did you invent this?
`
`13 A.
`
`In March of '97.
`
`14 Q. Can you turn to Exhibit 7. What is Exhibit 7?
`
`15 A. Exhibit 7 is a concept document that I faxed to our patent
`
`16 attorney at the time.
`
`17
`
`MR. BAHLER: Objection, your Honor. This is an
`
`18 exhibit that is not yet in evidence.
`
`19
`
`THE COURT: He's just describing it. He hadn't
`
`20 moved
`
`21
`
`MR. BAHLER: He's getting into it a little bit more.
`
`22 He's talking about the contents.
`
`23
`
`MR. ALLCOCK:
`
`I'm just going to ask foundational
`
`24 questions.
`
`25
`
`THE COURT: All right.
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`LILY I. REZNIK
`U.S. DISTRICT COURT
`WESTERN DISTRICT OF TEXAS (AUSTIN)
`
`CRDS 64872
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`16 of 46
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`10:30:00
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`- 10:30:22
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`~
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`1 Q.
`
`(BY MR. ALLCOCK) So the cover is a fax page; is that
`
`67
`
`2
`
`right?
`
`3 A. That's correct.
`
`4 Q. And is that in your handwriting?
`
`5 A. Yes, it is.
`
`6 Q. And it's to who?
`
`7 A.
`
`To Anthony Peterman, who was a patent attorney working for
`
`B us at Crossroads.
`
`9 Q. And it's from who?
`
`10 A.
`
`From myself.
`
`11 Q. Okay. And it's got his fax number on it?
`
`12 A. Yes, it does.
`
`13 Q. And it's got your phone number on it?
`
`14 A. Yes, it does.
`
`15 Q. And it's -- what's the date on the document?
`
`16 A.
`
`5-28-97.
`
`17 Q.
`
`So did you fax this to Mr. Peterman on or about that day?
`
`18 A. Yes, I did.
`
`19 Q. And then, pages -- the next two pages of the document,
`
`20 what are those?
`
`21 A. Those are descriptions and drawings of the invention and
`
`22
`
`some of the state-of-the-art before the invention.
`
`23 Q. And did you create those in your own hand?
`
`24 A. Yes, I did.
`
`25 Q. bnd was this done in the ordinary course of your business
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`LILY I. REZNIK
`U.S. DISTRICT COURT
`WESTERN DISTRICT OF TEXAS (AUSTIN)
`
`CRDS 64873
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`17 of 46
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`I ,
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`68
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`·~ I
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`10:30:54
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`1 at Crossroads?
`
`10:30:55
`
`2 A. Yes.
`
`10:30:56
`
`3 Q. Offer Exhibit 7 in evidence, your Honor.
`
`10:30:59
`
`4
`
`MR. BAHLER: Your Honor, may I ask one question on
`
`10:31:01
`
`5 voir dire?
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`10:31:02
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`6
`
`7
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`THE COURT: You may.
`
`VOIR DIRE EXAMINATION
`
`10:31:04
`
`8 BY MR. BAHLER:
`
`10:31:04
`
`10:31:12
`
`9 Q. Mr. Hoese, does the fax machine at Crossroads put little
`
`10 date lines at the top of faxes so you can tell when they're
`
`10:31:15
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`11
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`faxed?
`
`10:31:17
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`10:31:21
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`12 A.
`
`I believe most fax machines do that on the sent copy of
`
`13
`
`the fax, you know, on the recipient side, yeah.
`
`. 10:31:23
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`14
`
`Q. All right. And this is all in your handwriting, right?
`
`10:31:27
`
`15
`
`A. Yes.
`
`10:31:28
`
`16
`
`Q. You prepared this whole thing?
`
`10:31:30
`
`17
`
`A. What it's typed with.
`
`10:31:31
`
`18
`
`Q. And you prepared this whole thing?
`
`10:31:32
`
`19
`
`A. Yes,
`
`I did.
`
`10:31:33
`
`20
`
`Q. Did you fax it personally to Mr. Peterman?
`
`10:31:35
`
`21
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`A.
`
`I believe I did, yes.
`
`10:31:36
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`22
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`MR. BAHLER: Your Honor, we have a relevance
`
`10:31:37
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`23
`
`objection. May we approach?
`
`10:31:39
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`10:31:44
`
`24
`
`25
`
`THE COURT: You may.
`
`(At the Bench, on the record.)
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`LILY I. REZNIK
`U.S. DISTRICT COURT
`WESTERN DISTRICT OF TEXAS (AUSTIN)
`
`CRDS 64874
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`18 of 46
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`10:33:16
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`69
`
`1
`
`MR. BAHLER: Your Honor, this is the conception
`
`2 document. Conception requires not only that it be produced in
`
`3 writing, but it be communicated to somebody else, and that
`
`4
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`5
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`6
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`requires corroboration, also. Simply inventor testimony is
`
`insufficient to make this document relevant for any purpose.
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`He's testified that he personally did it. That's not
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`7 good enough. That's not corroboration in accordance with the
`
`8
`
`law. And this document cannot possibly stand as a conception
`
`9 document under any interpretation of the law, and therefore,
`
`10
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`it's irrelevant to any issue in this case.
`
`11
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`THE COURT: Well, that would be absurd law if that was
`
`12
`
`the law. Recipient could die, could never die. This witness'
`
`13 credibility is in issue, but not the admissibility. So it is
`
`14 admitted without -- overruled.
`
`15
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`16
`
`MR. BAHLER: Thank you, your Honor.
`
`DIRECT EXAMINATION (Resumed)
`
`17 BY MR. ALLCOCK:
`
`18 Q.
`
`So referring, first, to the first page of the exhibit,
`
`19
`
`that's just a fax cover sheet that shows that you faxed it to
`
`20 Peterman?
`
`21 A. Yes.
`
`22 Q. And he was the patent lawyer you were working with?
`
`23 A. Correct.
`
`24 Q. Okay. Then, on the next page, what is that generally
`
`25 describing?
`
`I'm not going to go through it line-by-line.
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`LILY I. REZNIK
`U.S. DISTRICT COURT
`WESTERN DISTRICT OF TEXAS (AUSTIN)
`
`CRDS 64875
`
`19 of 46
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`10:33:18
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`10:33:51
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`I 10:33:21
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`10:33:59
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`' 10:34:03
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`I
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`10:34:05
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`I 10:34:06
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`' I
`
`70
`
`1 What is that generally describing?
`
`2 A. The text basically describes state of what was available
`
`3 at that point in time, what the -- the context of the problem
`
`4 being addressed and the essentials of the concept, the
`
`5
`
`6
`
`invention as a concept here, describes essentially what the
`
`invention would do.
`
`7 Q. Okay.
`
`I see down on the bottom, there's a block diagram.
`
`8
`
`Is that similar to one of the graphics that we looked at
`
`9 earlier today?
`
`10 A.
`
`It would be.
`
`It basically shows workstations connected
`
`11
`
`through a network server to storage devices.
`
`12 Q. Okay.
`
`So you have four workstations and three remote
`
`13
`
`storage devices?
`
`14 A. Correct.
`
`15 Q.
`
`Is that black bar going through the middle, that's a Fibre
`
`16 Channel?
`
`17 A.
`
`It could be Fibre Channel, it could be an Ethernet
`
`18 network.
`
`It's basically some network, a local area network
`
`19
`
`interconnecting the computers together.
`
`20 Q. Okay. Now,
`
`looking at the next page, there are two
`
`21 pictures on the next page. What is the top picture?
`
`22 A. The top picture shows a storage router as opposed to the
`
`23 network server interconnecting computers to storage devices.
`
`24 Q. Okay. Now, does this show your invention?
`
`25 A. No, it doesn't.
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`LILY I. REZNIK
`U.S. DISTRICT COURT
`WESTERN DISTRICT OF TEXAS (AUSTIN)
`
`CRDS 64876
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`20 of 46
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`10:35:05
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`~ 10:35:20
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`10:35:42
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`10:35:55
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`,
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`10:35:57
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`I
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`71
`
`1 Q.
`
`Is this similar to a graphic that we saw earlier today?
`
`2 A. Sure. That's -- it's similar in that -- it's dissimilar
`
`3
`
`in that it shows by direction connections.
`
`It shows clients
`
`4 on both sides of the storage router and storage on both sides
`
`5 of the routers, but similar in that, it shows workstations
`
`6 connected through the storage router to storage devices.
`
`7 Q.
`
`So you have workstations and a storage router but no
`
`8 access controls?
`
`9 A. Correct.
`
`10 Q. Okay. Now, the -- and why did you put this figure in
`
`11
`
`there? Why did you put drawing 2 in there?
`
`12 A.
`
`It shows the state-of-the-art at the time.
`
`13 Q. Okay. And now, finally to figure 3, which bears a
`
`14
`
`remarkable resemblance to figure 3 of the patent, what is that
`
`15 depicting?
`
`16 A. That depicts the invention which is the storage router
`
`17
`
`interconnecting the devices and incorporating these access
`
`18 controls routing the virtual local storage.
`
`19 Q. Now,
`
`I notice on the bottom, it says concept by Geoff
`
`20 Hoese, March 22, 1997, first draft, May 15, 1997. Do you see
`
`21
`
`that?
`
`22 A. Yes, I do.
`
`23 Q. Did you write that?
`
`24 A. Yes, I did.
`
`25 Q. What does that mean?
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`LILY I. REZNIK
`U.S. DISTRICT COURT
`WESTERN DISTRICT OF TEXAS (AUSTIN)
`
`CRDS 64877
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`21 of 46
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`I 10:37:35
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`10:36:40
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`10:36:52
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`10:37:09
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`10:37:16
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`10:37:27
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`10:37:39
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`' I
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`72
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`1 A.
`
`I had the idea, you know, the consolidated concept of
`
`2
`
`integrating these access controls with a storage router to
`
`3 provide this type of alternative to the network server.
`
`It
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`4 occurred to me, came to me on the 22nd, it was a -- I
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`5
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`recognized it as a good enough idea that I
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`immediately started
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`6 working on putting the concept together further and expressing
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`7
`
`it
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`8 Q.
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`So it was a big moment?
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`9 A. Yeah.
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`10 Q. And so then, it took you a little while to write it up?
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`11 A. Yes.
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`12 Q. Okay. Could you look at Exhibits 4 and 5? What is
`
`13 Exhibit 4?
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`14 A. Exhibit 4 is a presentation, a set of slides giving an
`
`15 overview of Verrazano Fibre Channel-to-SCSI bridge concept.
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`16 Q. Who prepared these?
`
`17 A.
`
`I believe I did for the most part.
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`18 Q. And approximately when were they prepared?
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`19 A. They're dated 6-19-96. It's probably accurate.
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`20 Q. Generally what do they show?
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`21 A. They show a Fibre Channel-to-SCSI bridge which provides
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`22
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`the basic connectivity between storage and host computers.
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`23 Doesn't necessarily provide for any kind of routing or access
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`24 control.
`
`25 Q. Okay. You hadn't come up with that idea yet?
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`LILY I. REZNIK
`U.S. DISTRICT COURT
`WESTERN DISTRICT OF TEXAS (AUSTIN)
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`CRDS 64878
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`22 of 46
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`I 10:38:29
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`10:38:14
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`10:38:25
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`10:38:32
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`10:38:33
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`10:38:34
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`10:38:48
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`10:38:57
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`10:39:18
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`10:39:23
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`I 10:38:38
`I 10:38:47
`I 10:38:53
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`I 10:39:02
`I 10:39:20
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`I
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`73
`
`1 A. Correct.
`
`2 Q. And then, if you look at Exhibit 5 -- look at page 2 of
`
`3 Exhibit 5. What does that show?
`
`4 A. Exhibit 5 is a document describing, again, the Verrazano
`
`5 bridge characteristics, the -- it's an architecture document
`
`6
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`7
`
`that describes some of the characteristics we would look for
`
`in designing a bridge product of this sort.
`
`8 Q. And so, you were working on all aspects of this router in
`
`9
`
`this '96-'97 time frame; is that fair to say?
`
`10 A. Yes, it is.
`
`11
`
`12
`
`MR. BAHLER: Leading.
`
`THE COURT:
`
`It is.
`
`13 Q.
`
`(BY MR. ALLCOCK) What else were you working on other than
`
`14
`
`the access control feature in the '96-'97 time frame?
`
`15 A.
`
`I was working on designing routers and bridges in detail
`
`16 storage routers.
`
`17 Q. You can put that down. We're going to switch topics. Did
`
`18 any Crossroads product that was in place when you were at
`
`19 Crossroads use the 972 invention?
`
`20 A.
`
`No, it did not.
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`21
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`22
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`23
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`MR. BAHLER: Objection. ·Foundation.
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`(Last question read back.)
`
`THE
`
`COURT: The objection's overruled.
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`24 A.
`
`No, it
`
`did not.
`
`25 Q.
`
`{BY MR.
`
`ALLCOCK) Why not?
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`LILY I. REZNIK
`U.S. DISTRICT COURT
`WESTERN DISTRICT OF TEXAS (AUSTIN)
`
`CRDS 64879
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`23 of 46
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`I 10:39:29
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`I 10:40:01
`• 10:40:07
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`I
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`10:40:04
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`10:40:16
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`10:40:23
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`10:40:31
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`10:40:38
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`1-TnPct~"> -
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`Tl_i rl">rt- 1R.e.sJlmeill
`
`74
`
`1 A. We were a small, busy, growing company, trying to develop
`
`2
`
`these products. This was a more advanced feature of -- that
`
`3 would be added into the product line, so we were getting our
`
`4
`
`core set of features in place, developing, you know, the core
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`5 essentials of the bridge router products, and so, we didn't
`
`6 have necessarily the bandwidth to go do everything that we
`
`7 wanted to do.
`
`8 Q. Bandwidth means manpower?
`
`9 A. Correct.
`
`10 Q. And was there intent to put it in the product?
`
`11 A.
`
`I think there -- I would have liked it in the product.
`
`12 There was a general desire to get it there, but as far as
`
`13
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`there being a broad overall intent, I'm not sure what that
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`14
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`really means.
`
`15 Q. Did the Crossroads products -- how many other patents do
`
`16 you have?
`
`17 A. Five.
`
`18 Q. Now, were you aware that any Crossroads products were
`
`19 marked with this 972 patent number?
`
`20 A.
`
`I became aware of that in the course of the depositions,
`
`21
`
`right.
`
`22 Q. Did
`
`you know it while you worked there?
`
`23 A. No,
`
`I did not.
`
`24 Q. Was
`
`that right? Did the products have your
`
`invention in
`
`25
`
`it?
`
`LILY I. REZNIK
`U.S. DISTRICT COURT
`WESTERN DISTRICT OF TEXAS (AUSTIN)
`
`CRDS 64880
`
`24 of 46
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`11:13:13
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`11::23:43
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`11:24:05
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`11:24:20
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`11:25:04
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`11:25:14
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`I ,.
`I 11:13:15
`I 11:23:38
`I 11:23:46
`I 11:23:58
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`I 11:24:1.4
`I 11:24:16
`..
`I 11:25:17
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`J
`I
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`11:25:21
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`11:25:33
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`1
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